[Amended 6-12-1986 by Ord. No. 5-1986]
A. On and after the effective date of this chapter, all
coin-operated or slug-operated automatic amusement devices of
the type commonly known and designated as bagatelle, baseball or pin amusement
games, or electronic or video amusement devices, or similar machines or devices
operated, maintained or used in any public or quasi-public place or in any
building, store or other place wherein the public is invited or wherein the
public may enter, and particularly, but not by way of limitation, all coin-operated
automatic amusement devices of the type commonly known as bagatelle games,
baseball games or pin amusement games, or similar machines or devices operated,
maintained or used as aforesaid, may be licensed by the City Clerk upon approval
of the Department of Finance of the City of Egg Harbor City, and shall not
be placed, operated, maintained or used within the municipal limits of said
City of Egg Harbor City without first having obtained a license for that purpose;
provided, however, that if a license has been issued and the person to whom
it has been issued shall thereafter be convicted of a violation of this chapter,
said license and every other license held by the licensee under and by virtue
of this chapter shall immediately be revoked by the Department of Finance
of the City of Egg Harbor City.
B. This section shall not apply to coin-operated amusements
commonly known as "kiddy rides," more specifically, those coin-operated machines
which are sat upon or in and cause a certain motion or gyration following
the insertion of a coin and are designated primarily for use by children under
the age of 10. It shall also not apply to music-playing devices such as jukeboxes.
Shooting galleries where guns or firearms which fire projectiles are used
for an amusement, prize or otherwise are not intended to be included in this
section and shall not be licensed or permitted within the limits of the city.
As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
Any individual, firm, member of a firm, partnership, member of a
partnership, corporation or any officer, director or stockholder of said corporation.
The license for the placement, operation, maintenance or use of such amusement devices or machines mentioned aforesaid shall be issued to and in the name of the proprietor, lessee or renter of the premises and shall be issued for the calendar year commencing the first day of June and expiring the 31st day of May at 12:00 midnight, and the fee for the issuance of a license shall be as provided in Chapter
174, Licenses, for each game, machine or device for said calendar year or any part thereof.
Application for a license for such machine or machines shall be filed
on a form to be furnished by the City Clerk, which form shall show the name
of the applicant and his/her post office address, the number of machines the
applicant intends to operate, whether or not the person making the application
has ever been convicted of a violation of this chapter, and such other information
as the Department of Finance of the City of Egg Harbor City shall deem necessary
or proper. The fee for the license shall be payable with the filing of the
application, and if the application is rejected, the fee is to be returned
to the applicant.
No device or machine as specified in this chapter shall be placed, operated,
maintained or used until the license issued therefor shall be displayed in
a conspicuous place so that the name shall be easily and quickly identified.
Said license shall, on its face, disclose the name and post office address
of the licensee and shall disclose the amount of money required to license
said machine or device, and shall briefly state that the machine or device
is licensed for operation by the City of Egg Harbor City.
No machine or device licensed under this chapter shall be used, placed,
maintained or operated in any premises within 200 feet of any school or school
playground.
This chapter is enacted for the regulation and control of automatic
amusement games of the type commonly known and designated as bagatelle, baseball
or pin amusement games, or similar machines or devices.
Each and every person violating any of the provisions of this chapter
shall be subject, upon conviction thereof, to a fine not exceeding $1,000,
a term of imprisonment not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof, in the discretion of the
Judge before whom said conviction shall be had.